The Federal Magistrates Court of Australia celebrates 10 years
Since the Federal Magistrates Court of Australia was established ten years ago it has experienced significant growth in workload, judicial numbers and jurisdiction and it is now the nation’s largest federal court.
The Court today celebrated its milestone at a function held in Sydney.
Applications were first filed in the Federal Magistrates Court of Australia on 23 June 2000 and the Court’s first sittings were conducted on 3 July 2000 in Adelaide, Brisbane, Canberra, Melbourne, Newcastle, Parramatta and Townsville.
The establishment of the Federal Magistrates Court marked a change in direction in the administration of justice at the federal level in Australia as it was the first lower level federal court since the passage of the Judiciary Act in 1903.
Chief Federal Magistrate Pascoe AO CVO said that he was extraordinarily proud of what has been achieved by the Court. “The evident success of the Federal Magistrates Court is measured not just by the volume of work which comes to it but also by the efficiency with which it manages that workload.”
As an example of the expanded workload, in the Court’s first full year of operation (2000-01) the Court received 36,435 applications but eight years later that figure had more than doubled with 85,984 applications filed in the Court in 2008-09.
The balance of family law work has evolved significantly since the inception of the Federal Magistrates Court and now over 80% of all family law applications (except those filed in WA) are filed in the Federal Magistrates Court with the Family Court now dealing with appeals and the most complex family law matters.
In addition, the Court deals with nearly all bankruptcy applications and approximately 95% of all migration applications filed in the federal courts.
Chief Federal Magistrate Pascoe said that, “While it has been a challenge over the years, the Court continues to meet one of its original objectives of avoiding undue delay for litigants and it has an outstanding reputation for efficiency and hard work.”
In its family law jurisdiction in 2008-09, the Court finalised approximately 84% of matters within 6 months and 95% of all matters were settled within 12 months. In the Court’s general federal law jurisdiction in 2008-09 the Court finalised approximately 79% of matters within 6 months and 93% within 12 months.
Ten years ago, the Court started with its original Chief Federal Magistrate, the current Chief Justice of the Family Court, The Honourable Diana Bryant and nine other Federal Magistrates. There has been a considerable increase in the membership of the Court which currently consists of 61 Federal Magistrates.
The Court’s jurisdiction has broadened over the years, particularly in the areas of general federal law to include bankruptcy, human rights, copyright, migration, industrial law, trade practices, privacy, administrative and admiralty law.
Chief Federal Magistrate Pascoe said, “All members of the Court, their Associates and staff should be very proud of their achievements over the last ten years and look forward to the future with confidence.”
The next ten years may bring a range of new challenges and opportunities with the Government’s plan to restructure the Federal Magistrates Court through the Access to Justice (Family Court Restructure and Other Measures) Bill 2010.
Under the proposed new structure the Federal Magistrates Court will continue to hear general federal law matters but the family law component of the Court is to operate as a general division of the Family Court.
“The Court will continue to work with Government as future plans evolve,” the Chief Federal Magistrate said.
See also
Historical overview of the Federal Magistrates Court of Australia, 2000-2010 (PDF)
10th Anniversay of the Federal Magistrates Court by Hon Robert McClelland MP, Attorney-General (PDF)
Federal Magistrates Court 10th Anniversary by Glenn Ferguson, President, Law Council of Australia, at
Federal Magistrates Court, Sydney,
9 July 2010 (PDF)
12 July 2010
Federal Magistrates Court - Biennial and other fees - 1 July 2010
Amendments have been made to the Federal Magistrates Regulations 2000 by the Federal Magistrates Amendment Regulations 2010 (No 1) :
http://www.comlaw.gov.au.
These amendments include biennial fee increases from 1 July 2010.
In addition, the government announced in the Budget certain addition fee increases and new fee items. which are included in the amendments to also take effect from 1 July 2010.
Key aspects of the amendments
an additional hearing fee after the first day of hearing - the new
hearing fee being equivalent to the setting down fee : Schedule 1 [item
10];
a specific fee item for a proceeding under the Bankruptcy Act 1966 :
Schedule 1 [item 7];
a new item for a reduced fee for filing an application under the small
claims procedure of the Fair Work Act 2009 :Schedule 1 [item 20].
In addition, the amount for certain applications under the Fair Work Act
2009 has increased to $60.60 : Schedule 1 [items 18 and 19]
The increases announced in the Budget also included a new flat fee of $100 (general federal law) and $60 (family law) to be introduced to replace certain applications previously eligible for fee waivers and exemptions which will commence on 1 September 2010.
Information on fees and a copy of the new Schedule of Fees will be available on the Court's website at: http://www.fmc.gov.au/html/fees.html.
30 June 2010
Ex parte applications for substituted service in Bankruptcy proceedings before Registrars
The New South Wales District Registry of the Federal Court and the Sydney Registry of the Federal Magistrates Court (General Federal Law) has commenced a trial of using eCourt/eCase Administration (eCourt) for the online hearing by Registrars of ex parte substituted service applications in bankruptcy matters.
Click here for more information about the trial
17 June 2010
Legal practitioners scale of costs
The High Court, Federal Court, Family Court and Federal Magistrates Court have established a Joint Costs Advisory Committee (JCAC) to inquire into, and to make recommendations on, any variations in the quantum of costs (including expenses and fees for witnesses) allowable to legal practitioners which should be contained in the scales of costs in the:
High Court Rules
Federal Court Rules
Family Law Rules
Federal Magistrates Court Rules
These scales are used to determine the amount payable where one party must pay the legal costs of another party to a proceeding.
Interested persons and organisations are invited to submit in writing any views on changes to the scales of costs they wish to have considered by JCAC. JCAC is also seeking comments on whether, and to what extent, the weightings of the FCAC formulaset out in its terms of reference (PDF) should be adjusted in light of the Australian Bureau of Statistics 8667.0 - Legal Services, Australia, 2007-08 survey released on 24 June 2009.
Submissions (which will be available to the public unless deemed confidential by JCAC) should be sent to:
Ms Angela Filippello
Joint Costs Advisory Committee
c/o Family Court of Australia
GPO Box 9991
BRISBANE QLD 4001
jcac.submissions@familycourt.gov.au
The deadline for submissions is 30 June 2010.
Link to JCAC’s terms of reference (PDF)
View the Australian Bureau of Statistics 8667.0 - Legal Services, Australia, 2007-08 survey released on 24 June 2009
3 June 2010
Divorce order
In view of difficulties with the current divorce certificate being recognised by some foreign countries, the courts will be making changes to the form of document that is issued when a divorce order takes effect.
As from 13 February 2010, the current certificate of divorce will be replaced by a divorce order which records all the matters considered by the judicial officer in pronouncing the order. Pursuant to section 55A(1)(b) of the Family Law Act 1975 any children of the marriage will be named on the divorce order.
Once the divorce order takes effect, a divorce order will issue and will include a certification that the divorce has taken effect so that a separate divorce certificate will not be issued.
The new form of order will be issued for divorces pronounced after 13 February 2010. Replacements of divorce certificates after 13 February 2010 will be in the new divorce order form even if the divorce order was made prior to 13 February 2010.
Please call the Family Law Courts on 1300 352 000 for more information.
14 January 2009
The Federal Magistrates Court Amendment Rules 2009 (No 3) come into effect on 30 November 2009
The amendments introduce new rules in relation to subpoenas with provision
for the release of documents produced for inspection and copying without
the need for a listing before a judicial officer, where there is no
objection. The amendments are aimed at reducing the number of court
appearances for production of subpoenaed documents when there is no
dispute. The amendment rules can be found at www.comlaw.gov.au.
A new form of subpoena has been approved for use from 30 November 2009. The
new approved form includes a new notice of objection. The old/current
subpoena form will be removed from the website and should not be filed from
30 November 2009.
A new Notice of Request to Inspect form has been approved. This form must
be filed by the party who has requested the subpoena prior to any right to
inspect being available.
The forms are available on the Court's website at
http://www.fmc.gov.au/forms/html/subpoena.html
More information about the new process and using the new forms is available
on the Courts website under Brochures and Fact Sheets:
Information for a person requesting the issue of a subpoena
http://www.fmc.gov.au/pubs/html/issue_of_a_subpoena.html
Information for persons served with a subpoena or copy of a subpoena
http://www.fmc.gov.au/pubs/html/served_with_a_subpoena.html
26 November 2009
Registry Relocation for General Federal Law Matters in Sydney
From 12 October 2009 the Federal Magistrates Court Registry in Sydney (General Federal Law only) will move from Level 12 of John Maddison Tower
(JMT) Building to:
Level 17 Law Courts Building
Queens Square Sydney
All filings and enquiries can be made on level 17 at the above address.
Courtroom use at JMT:
Federal Magistrates and Registrars will continue to conduct General Federal Law hearings at John Maddison Tower Building, 88 Goulburn St Sydney.
For any enquiries please call the Registry on 9230 8567 or refer to the fact sheets.
Court locations in Sydney (English version)
Court locations in Sydney (Hindi version)
Court locations in Sydney (Chinese version)
Court locations in Sydney (Bengali version)
8 October 2009
eFiling of divorce applications now available
Applications for Divorce (and certain accompanying documents) filed with the Federal Magistrates Court can now be electronically filed through the Commonwealth Courts Portal (www.comcourts.gov.au).
Legal firms and individuals who want to eFile an Application for Divorce must first register with the portal. Instructions on how to register are available from www.comcourts.gov.au
For more information see the User Guide to eFiling Divorce Applications in Family Law available at http://www.familylawcourts.gov.au/wps/wcm/connect/FLC/Home/Separation+and+Divorce
25 September 2009
Changes to how FMC court lists are published
From 1 September 2009, the Court Lists for the Federal Magistrates Court will be generated automatically from Casetrack onto the website by 4.30pm daily.
The new lists and email alerts will look and work the same as the FCoA's lists and there will only be a small change. Instead of seeing the details of the list in the body of the email, users will receive a link to the web page and they will need to click on this link
to view the full list.
From 1 September 2009, you will have to access the lists from the website by subscribing to the email service.
Please subscribe to the E‐mail notification service on the FMC website at http://www.fmc.gov.au/lists/html/email.php
The process for publishing lists for FMC circuits will remain unchanged.
25 August 2009
Federal Magistrates Court Amendment Rules 2009 (No 2)
Federal Magistrates have agreed to amendments to the Federal Magistrates Court Rules 2001as contained in the Federal Magistrates Court Amendment Rules 2009 (No 2). The Amendment Rules include specific rules for proceedings in the Fair Work Division of the Court. The rules will be available for download from www.comlaw.gov.au once they are registered with commencement 1 July 2009.
The Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 includes miscellaneous amendments to the Federal Magistrates Act 1999 to establish two Divisions within the Federal Magistrates Court, a Fair Work Division and a General Division. As from 1 July 2009 proceedings in the Court must be instituted, heard and determined in one of these Divisions.
The Fair Work Act 2009 confers a general jurisdiction in certain matters arising under that Actand requires that jurisdiction to be exercised in the Fair Work Division of the Court. The Fair Work (Transitional and Consequential Provisions) Act 2009 and the Fair Work (State Referral and Consequential and Other amendments) Act 2009 respectively provide similarly in respect of matters arising under the continuing operation of the pre-July 2009 Workplace Relations Act 1996 and the Building and
Construction Industry Improvement Act 2005.
The General Division will hear and determine all matters which are not required to be exercised in the Fair Work Division.
Summary of amendments
A new Chapter 7 - Fair Work Division is inserted and includes rules of practice and procedure for applications commenced in the Fair Work Division of the Court.
Form
All proceedings in the Fair Work Division are to commence by way of an approved form of application - Application Fair Work Division - http://www.fmc.gov.au/forms/html/workplace.html
In addition, the rules provide that certain application filed in the Fair Work Division must be accompanied by an approved claim form. Amendments made to paragraph 4.05(2) remove the requirement for an affidavit or pleading to accompany applications filed with an approved claim formAll applications filed in the Division where a separate claim form is not required to accompany the application, must be supported by an affidavit or pleading in accordance with rule 4.05.
The rules also set out the need, in appropriate proceedings, for accompanying certificates as required under provisions of the Workplace Relations Act 1996, and the Fair Work Act 2009: see sub-paragraphs 45.04 (2)(b)(ii), 45.06(b)(ii), and 45.07(b)(ii). A table of the approved forms and the forms is available at http://www.fmc.gov.au/forms/index.html.
Small claims
There are new rules in relation to small claims.
The amendments provide that an applicant may request that an application for compensation be dealt with under this Division if the compensation is not more than $20,000 and the compensation is for an entitlement mentioned in subsection 548(1A) of the Fair Work Act 2009. When dealing with a small claim application the Court is not bound by the rules of evidence but may inform itself of any matter in any manner as it thinks fit.A party to a small claims application may not be represented by a lawyer without the leave of the Court.If a party elects to have the claim dealt with using the small claims procedure they will need to tick the relevant section on the Application Fair Work Division.
Fees
The Federal Magistrates Amendment Regulations 2009 (No 1) make amendments to the Federal Magistrates Regulations 2000 by including changes to item [12] and by the inclusion of a new item [13] to take effect from 1 July 2009
http://www.fmc.gov.au/html/fees_general.html
1 July 2009
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